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Flickinger v. State

District Court of Appeal of Florida, Third District
May 24, 1994
636 So. 2d 601 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-2899.

May 24, 1994.

An Appeal from the Circuit Court for Dade County; Amy N. Dean, Judge.

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., and David T. Sale, Certified Legal Intern, for appellee.

Before BARKDULL, HUBBART and NESBITT, JJ.


It appearing that appellant's probation was improperly revoked because the state failed to establish at the probation revocation hearing that the defendant committed, as charged, a new offense subsequent to being placed on probation (there being no evidence adduced as to when the new offense was committed) see and compare Stafford v. State, 455 So.2d 385 (Fla. 1984), the order revoking same is reversed and the matter is returned to the trial court with directions to reestablish the probation.

Reversed and remanded with directions.


Summaries of

Flickinger v. State

District Court of Appeal of Florida, Third District
May 24, 1994
636 So. 2d 601 (Fla. Dist. Ct. App. 1994)
Case details for

Flickinger v. State

Case Details

Full title:WILLIAM F. FLICKINGER, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: May 24, 1994

Citations

636 So. 2d 601 (Fla. Dist. Ct. App. 1994)